Kyllo, Danny V. United States Essays - Searches And Seizures

Kyllo, Danny V. United States KYLLO, DANNY v. UNITED STATES 99-8508 Appealed From: 9th Circuit Court of Appeals (190 F.3d 1041) Oral Argument: 2000 term (after Jan. 1, 2001) The main subject in the Kyllo case deals with the advance in modern technology and how it relates to constitutional law. The overall question in this case is whether or not the use of thermal imaging technology should be used as a tool for searching the home of a person. The argument by the appellant, Mr. Kyllo, uses the unreasonable search and seizure clause of the Fourth Amendment as a defense against the use of thermal imaging systems without a warrant to search for illegal drug production inside his home. Kyllo v. U.S. is currently pending before the United States Supreme Court so the objective of this essay is to explain the procedural history of this case and to predict a final result and the implications of that prediction. The question presented to the court is: Does the 4th Amendment protect against the warrantless use of a thermal imaging device which monitors heat emissions from a person's private residence? As with any case, before any court, it is important to understand all aspects of a case. For example, the facts, procedural history, issues, holding(s), legal reasoning, sources of law, and values are all relevant to predicting a potential outcome as the U.S. Supreme Court sees it. The facts and procedural history of the case are as follows. On January 16, 1992, at 3:20 a.m., Sergeant Daniel Haas of the Oregon National Guard examined, from his parked car, a triplex of houses where Kyllo lived. The full nature of the examination involved the use of an Agema Thermovision 210 thermal imaging device to ?look? for heat generated from inside the home of Kyllo. The purpose of the examination was to possibly locate an abnormally high heat source coming from inside Kyllo's home, indicating the production of marijuana. If marijuana is to be grown inside it must have some source of intense ultraviolet light to aid it. Haas did indeed locate a high heat source in Kyllo's home with the Agema 210 and noted that Kyllo's home ?showed much warmer? than the other two houses in the triplex (Find Law). This indicated the presence of lights used to grow marijuana. This information was forwarded to William Elliot, an agent of the United States Bureau of Land Management. Elliot had a lready subpoenaed Kyllo's utility records as Kyllo was already under investigation for the production of marijuana. With the information gathered by the use of the Agema 210, Elliot ?inferred? that the high levels of heat emission indicated the presence of high intensity lights used to grow marijuana indoors (Find Law). Elliot presented this information to a judge and was issued a search warrant. In searching Kyllo's home the Bureau of Land Management found more than one hundred marijuana plants, weapons and drug paraphernalia. Kyllo was then indicted for manufacturing marijuana and filed a motion to suppress the evidence on the grounds that it was obtained illegally in accordance with the 4th Amendment. The district court denied Kyllo's motion to suppress and he entered into a conditional guilty plea. Kyllo was sentenced to prison for 63 months. Kyllo appealed the denial of the suppression of motion, challenging the warrantless scan of his home with a thermal imager. In 1994, the 9 th Circuit Court of Appeals reviewed whether the warrant used to search the home of Kyllo was based on knowingly and recklessly false information in the affidavit for the warrant (OTDNWU). The court reversed and remanded the decision of the district court and sent the case back to hold an evidentiary hearing on the capabilities of the Afema 210. Again the district court denied Kyllo's motion to suppress with the conclusion that warrantless searches of homes with the Agema are permissible. Kyllo then appealed again in 1998 to the 9th Circuit. The court of appeals found, in a 2-1 decision, that the use of thermal imaging systems was unconstitutional. The government petitioned for a rehearing and the case went back to the 9th Circuit which retired one judge and picked up another. This time the decision was 2-1, holding that the

Internet commerce and current tax code essays

Internet commerce and current tax code essays Internet commerce and the complexities of complying with state sales and use tax laws When a citizen of a state purchases goods from a vendor out of the state, usually they do not pay any sales tax to either state involved. Until fairly recently in our nations history, these transactions were made through catalog vendors and represented such a small amount of lost tax revenue that state tax agencies were not concerned enough to take any action. The addition of reliable and trustworthy electronic commerce (e-commerce) technologies in the late 1990s changed the equation somewhat. Now the volume potential of interstate retail transactions has the potential to rival the traditional brick and mortar retail channels. The combination of growing market share for e-commerce companies and cooling economic conditions has many states worried about sales tax income. This has most state taxing authorities asking how, if at all, e-commerce transactions should be taxed? There is much debate on this topic among tax officials, attorneys, lawmakers, and both e-commerce and tradi tional retailers. In my opinion, E-commerce transactions should be taxed as any other interstate retail transaction. To ensure the proper collection of sales and use taxes, e-commerce companies should be required to collect sales tax on behalf of all fifty states. In order to make this requirement logistically reasonable, states will need to dramatically simplify their sales and use tax code. There is a general misconception within the public on the nature of interstate e-commerce transactions and sales tax. Most people believe that if they purchase products from an out of state company via the internet, then the sale is tax free. This perception is caused by some specifics of how taxation is traditionally handled for interstate transactions. Sales tax jurisdiction is destination based. The physical location of the purchaser determines who is ...

Grant Writing - sources and tips for writing grants part 1

Grant Writing - sources and tips for writing grants part 1 One of the greatest challenges for educators is finding sources of money to allow for innovation and technology in the classroom. Funding is barely available to pay salaries and buy basic supplies. Therefore, teachers and administrators who truly wish to try new ideas that require additional funds have to personally find sources for this money. Grants can be a godsend to solve financial shortcomings. However, two major stumbling blocks are associated with attaining grants: locating them and writing them. Locating Grants Assessing Needs Before your search even begins, you must have a project that you wish to fund. What is it that you want to accomplish? Any project you support must align with the needs of your school or community. Grant providers want to clearly see the necessity of your program. To make sure that your project fulfills a need, compare what your school or community has now to what you feel it should have. Use this information to create possible solutions. The upfront time spent investigating this chasm between your schools reality and your vision for it will pay off when it comes time to write your grant proposal. Do some preliminary research to find a solid educational basis for your idea. Map out the steps necessary to complete your project including necessary funding at each step. Remember throughout your design phase to keep in mind how you will evaluate your project using measurable outcomes. Make a Project Worksheet Make a preliminary worksheet concerning what you believe you will need for your project. By doing this, you can get a clear picture of what the grant you are searching for must look like. Some items your chart could include are: Project Overview Need for Project Research Sources Amount Needed Special School/Community Circumstance Evaluation Methods Searching for Options The most important piece of advice you can get when beginning your grant search is to carefully match your project with the grantors award requirements. For example, if the desired grant is only given to schools in inner cities, only apply if you meet that criterion. Otherwise, youll be wasting your time. With that in mind, three major sources for grant money exist: Federal and State Governments, Private Foundations, and Corporations. Each has its own agenda and differing levels of requirements concerning who can apply, the application process itself, how the money must be spent, and the methods of evaluation. So where can you search for each type? Luckily there are some awesomesites on the internet. You are welcome to modify and use this basic grant match rubric to determine how well the grant fits your project. Writing grant proposals is a complicated and time-consuming process. Here are some great tips to help make grant writing easier. I would like to acknowledge Jennifer Smith of Pasco County Schools for generously sharing many of these tips. Start with outcomes. Be specific in what you wish to achieve and design your project back from these outcomes.Carefully match your goals and outcomes with those required by the grant advertisement. You can use the Grant Match Rubric to help make your decision.Talk to the grant contact person to receive specific information about the purpose and goals of the grant.Find research to support your project idea. Programs that have been previously validated have more merit because they have shown success in the past.Find a district sponsor. Get them to help with any red tape or information you might need to complete your grant proposal.Make your grant proposal interesting to read through good formatting. Remember that people are going to judge your ideas against others and a pleasing and well-organized presentation will get you further. Include pie charts. Set off your information with appropriate indentations.Use language to your advantage. Quote from notable sources.Make a column to accen t exactly where in your grant proposal each component of the grants grading rubric is met. As you write your strategies for the grant proposal, keep assessment methods in mind. Think about how you are going to measurably show what you will accomplish.Look closely at any funding rules to make sure you do not ask for items that the grant will not fund. For example, Florida state grants do not allow food items to be bought with grant money.Check out the grant to see if matching funds are required. Many school districts will not have the money to match even if you are awarded the grant. However, professional volunteers can count as in-kind contributions.Check with your School District to find out the rules concerning salaries for any individuals working on the project. Many districts require you to account for benefits in your funding model.Find out whether the grant requires outside evaluators. If so, you might have to pay for them out of your funding.Make sure your budget narrative and your budget summary match exactly.Grants are stamped when they are received. Try to send i n your grants a few days early so that it appears you are on the ball. Because school districts are limited in the number of Federal and State grants they can apply for, many districts must approve of your grant proposal before it can be sent out. Because of the time constraints on many of these grants, you must plan ahead. Also, make sure you are not competing with others at your own school or district for the same money.Make a database if one is not currently available in your district of important demographic numbers and statistics. Place this information in your grant proposals as requested highlighting special needs.Get to know your states grant contact personnel. If they see your name cross their desk and they can place you, you have a better shot.If you plan to write numerous grants, create templates for commonly needed forms. This is especially useful for state and federal grant that repeat a lot of the same information.Be honest both in the grant proposal itself and with yourself concerning what you can actually accomplish. Remember, you have t o follow through with whatever plans you make.Other Articles

The Effect of Tsunamis on Marine Life Research Paper

The Effect of Tsunamis on Marine Life - Research Paper Example The most common cause of tsunami is the undersea earthquake. Such earthquakes may be too small to trigger a tsunami, but they may help in landslides, which may trigger Tsunami. On 26th December, 2005, early morning, northwest of Sumatra saw a huge tsunami. The earthquake generated a tsunami that was among the deadliest disasters in modern history, killing well over 200,000 people. The most surprising fact about this disaster is that the tsunami was not generated in Pacific Ocean, but in Indian Ocean. The earthquake originated in the Indian Ocean just north of Simeulue Island, off the western coast of northern Sumatra, Indonasia. The resulting tsunami devastated the shores of Indonasia, Srilanka, South India, Thailand and other countries with waves up to 30m . The following picture shows the blow of tsunami to one of the sandy beaches in Srilanka. Caption: A devastated Sandy beach in Sri Lanka after the Tsunami in 2006. The tsunami of 2005 was just one example of this devastating natu ral disaster. There have been a number of incidences of tsunami across the world, that have produced enormous destructions in the affected nations. (Bryant pp. 3-7; Commonwealth Veterinary Association p. 1) General Impact of Tsunami on Marinelife The coastal ecosystem gets damaged due to tsunami. The mangroves, estuarine, sea grasses, mudflats and coral reefs are usually among the most affected ones. Most of these physical structures are damaged by the huge force, which the waves produce as shown in the following picture. Caption: Damages to the Physical structures in coastal region by the Tsunami in Chennai Physical removal of flora and fauna and increased sediment load kill sediment sensitive corals and sea grasses by smothering. The extent of this damage considerably varies on the basis of local topography and hydrology of the surrounding environment. Some of the general impacts of tsunami can be as follows: Saltwater intrusion is a chemical change that occurs in the Pacific Ocea n, which is now also being happening in the Indian Ocean. All these occur due to heavy run off from the sewage, even the decomposition formed by the flora as well as the fauna of that place. These also include un-recovered bodies as well. Exotic species which are used for aquaculture escape badly. The structure of the ecosystem biologically gets disrupted. Since the structure of the ecosystem alters due to tsunami, the whole ecosystem gets affected Since coral reefs are considered as the natural defense of the ecosystem and it is generally seen that the ecosystems of these areas are largely intact even after the hit by tsunamis. For example, the Surin Island, chain off Thailand’s west coast, may have survived better than areas where the coast has been modified by urban development, aquaculture and to the new formed ecosystem during the tsunami of 2005. Mangroves are generally considered to be very significant natural barricade as well as a source of high quality profitable ti mber. Tsunamis produce significant adverse effects on mangroves. For example, in the Tsunami of 2005 that hit the coasts of India, Sri Lanka, Indonesia, etc., areas with highly dense mangroves areas suffered fewer human casualties and relatively less harm to physical properties compared to those areas that did not covered with mangroves. Tsunamis

A critical review of an academic article in which ideas about learning Essay

A critical review of an academic article in which ideas about learning relevant to the module are discussed - Essay Example Research on MI has spread like wildfire, critically dissecting every angle and application. Basically, Gardner claims that intelligence is not limited to the cognitive domain, as traditionally conceptualized. He views it in a much broader sense to include the individual’s affective, social and creative domains. He has come up with a number of intelligences a person possesses within him, as follows: Linguistic intelligence – this has to do with how a person uses words to express himself well verbally or in print. Some people just have a natural flair for speaking or writing and keep their audience in awe of the language they use and how it influences them. This intelligence is exhibited by motivational speakers, preachers, orators, writers and journalists. Logical mathematical intelligence – this is what is usually studied by cognitive psychologists and educators, how the mind works with logic, reasoning and mathematical accuracy. This is very much related to critical thinking and analytical skills. Gardner calls it the traditional scholastic intelligence which was given too much focus in schools and intelligence tests. Musical intelligence – this is the ability to create, perform and appreciate music. Gardner rates this equivalent to the other intelligences and refuses to call them mere talents, relegated less than intelligence. This is exhibited by composers, musicians, singers and musical critics or reviewers. Spatial intelligence – this is the capacity to visualize and concretize how things will turn out from the way it was planned, and to accurately estimate space allocations. Such intelligence is displayed by architects, artists, photographers, aviators, navigators and surgeons. Bodily-kinesthetic intelligence – This is the ability to solve problems, express oneself or achieve a lot of goals using one’s body. Not everyone can be as limber and well-coordinated in doing so, unlike dancers, actors, mime artists, athletes and

An Argument For Sustainable Agriculture Essay -- Farming Agricultural

An Argument For Sustainable Agriculture Introduction Merriam-Webster's online dictionary defines stewardship as "the careful and responsible management of something entrusted in one's care" (Merriam-Webster, 2015). Sustainable agriculture is a method that does not deplete soil, water, air, wildlife or human community resources ("Community Alliance with," 1997). These two principles describe a type of farming that practices responsible management of the land in a way that does not deplete natural resources or the human community. We are living in a time when many environmental issues have come up due to such things as overpopulation, increased waste production, over consumption, depletion of natural resources and other activities that do not replenish the land. We must show great concern in dealing with these problems. Farming is clearly a key element in sustaining life as we know it, but it can also have devastating affects on the land. "Sustainability rests on the principle that we must meet present needs without compromising the abil ity of future generations to meet their own needs. Therefore, stewardship of both natural and human resources is of prime importance" (Feenstra). So, by managing resources under our care responsibly and practicing methods that do not deplete natural and human resources, we can meet current needs without compromising the needs of future generations. The idea of taking care of things for future generations is of prime importance in dealing with all issues that lead to compromising our environment. Farming is one activity that can lead to the depletion of soil, water, air, wildlife and quality of human community resources. Alternatives to conventional farming methods are present and do have th... ...pril 2015 http://www.cfarm.com/faq/whyorg.htm Community Alliance with Family Farmers. (1997). FAQ's About Sustainable Agriculture, Web 14 April 2015 www.caff.org/sustain/faq/ Engelken, R. (1983). The Art of Natural Farming and Gardening. Greeley, Iowa: Barington Hall Press. Feenstra, Gail. (No Date). What is Sustainable Agriculture? Web 14 April 2015 www.sarep.ucdavis.edu/sarep/concept.htm Merriam Webster's Online Dictionary. (2015). http://www.merriam-webster.com/ Organic Corn Hardier Than Conventional. (1995). Science News, 148, 255. Platt, LaVonne G. (Ed.). (1987). Hope For the Family. (1987). Newton, Kansas: Faith and Life Press. Pretty, Jules N. (1995). Regenerating Agriculture. Washington, D.C.: Joseph Henry Press. Whole Earth. (No Date). 10 Reasons to GO Organic. Web 14 April 2015 www.demon.co.Earthnet/org.10rea.html

Employment Law Legal Process Paper Essay

To handle a complaint of discrimination effectively, an employer should have a basic understanding of the process and procedures used by the EEOC to enforce the federal laws that prohibit employment discrimination. By knowing in advance what to expect, an employer can best prepare its defense. EEOC ProcessAny individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. Charges may be filed by mail or in person at their nearest EEOC office. Once an employee or applicant files a charge, the EEOC then serves notice on the employer, usually by mail, that a charge has been filed against them. This notice normally includes a copy of the actual charge filed by the employee or applicant. All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed. A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party’s rights. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law (U.S. Equal Employment Opportunity Commission). Employers must understand that the persons who evaluate and decide the outcome of employment discrimination cases (the EEOC investigator, federal or state judge, and/or jury) have keen senses of fairness and expect that employees will be treated in a fair manner. As a result, employers are exposed to substantial liability for any acts, including perceived acts, of discrimination in the workplace. Employers should take any charge of discrimination seriously and the employer must keep in mind that, at a minimum, it needs to have a legitimate, non-discriminatory reason for taking the action in question. In addition, an employer’s response will be evaluated by persons who have a different perspective than the employer. What may appear to an employer, as a benign, routine employment action, can be perceived by a jury as the most pernicious, discriminatory deed. With this in mind, an employer should structure its response to show that its action was not only legal, but also fair (Bu reau of National Affairs, 2002). Resolving the Discrimination ChargeThe filing of the charge triggers an EEOC investigation into whether or not there is reasonable cause to believe that the employer did in fact illegally discriminate against an individual. An employer may be asked to submit a written statement of position to explain its version of events. At some point in the investigation, a fact-finding conference might be held (Bureau of National Affairs, 2002). Relatively informal, a fact-finding conference is attended by the charging party, respondent and necessary witnesses. No official record is made and witnesses are not placed under oath. Most employers bring counsel to the conference. After concluding its investigation, the EEOC makes a determination as to whether there is reasonable cause to believe that the alleged discrimination occurred. The investigation starts with a review of all documents in the employee’s personnel file, and should be expanded to include, among other things, a review of applicable company policies, at least one interview with potential witnesses, and a review of internal documents for any prior incidents similar to the action on which the complaint is based. The lack of effective anti-discrimination policies can be damaging to an employer’s case. On the other hand, a well-publicized, strictly enforced, non-discrimination policy can prove invaluable to an employer defending against a charge of discrimination. By reviewing its policies, an employer also may discover that the complaining employee did not follow proper company procedure in reporting the complaint. All of this information can be used by the employer in responding to the complaint. A reasonable cause determination indicates that â€Å"it is more likely than not† that illegal discrimination took place. A no reasonable cause determination means that the EEOC has not found sufficient evidence to support a finding of discrimination. While a â€Å"no cause† finding does not bar the complaining party from subsequently filing suit in state or federal court on the same claim, as a practical matter most employees do not pursue their claims after the EEOC issues a â€Å"no cause† finding. If the evidence establishes that discrimination has occurred, the employer  and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination (U.S. Equal Employment Opportunity Commission). If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored (U.S. Equal Employment Opportunity Commission). If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. However, no statements made by any party during the conciliation process can be used in any subsequent lawsuit. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf (U.S. Equal Employment Opportunity Commission). CONCLUSION Employees who believe that they have been discriminated against by an employer, an employment agency, or a labor union have the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Employer’s need to ensure that discriminatory practice or action, if it did occur, is stopped, and that it does not occur again. By properly handling the charge at its early stages, an employer can reduce significantly, or possibly eliminate the potential liability. The Bureau of National Affairs, 2002. Retrieved September 11, 2006, from http://www.bna.comU.S. Equal Employment Opportunity Commission. Retrieved September 11, 2006, from http://www.eeoc.gov